S.Kandasamy v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.11.2023

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN W.P.No.29505 of 2016, W.P.No.7903 of 2017 & CRL.O.P.No.16583 of 2016 and W.M.P.No.8641 of 2017 W.P.No.29505 of 2016 S.Kandasamy

1) The District Collector,

2) The Commissioner, HR&CE Administration, Nungambakkam High Road, Madras-34

3) The Joint Commissioner, HR&CE Administration, Salem.

4) The Inspector of Police, Nammakal District.

5) B..R.Arul Prakash ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, to direct the respondents 1 to 4 to offer Police protection to the petitioner and other Adidravidars to enter the temples, viz., Maariamman temple, Vinayagar Temple, Chellandiamman temple, Chennaraya Perumal temples at Belukurichi Village, Namakkal District.

W.P.No.7903 of 2017;- B.R.Arulprakasam

1) The Revenue Divisional Officer, Namakkal District, Namakkal.

2) The Tahsildar, Sendhamangalam Taluk,

3) The Inspector of Police,

4) S.Saravanan ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, calling for the records as made in Na.Ka.No.2425/2015/M1, dated 23.03.2017 on the file of the first respondent, quash the same in so far as the conducting the festival in the Mariyamman Temple in S.No.390/1, Belukurichi Village, Sendhamangalam Taluk, Namakkal District and consequently direct the third respondent to provide police protection to the Nattu Gounder Community people for conducting the festival of Mariamman temple in S.No.390/1, Belukurichi Village, Senthamangalam Taluk, Namakkal District.

Crl.O.P.No.16583 of 2016;- B.R.Arulprkasam State rep. by The Inspector of Police, Belukurichi, ... Respondent PRAYER : Criminal Original Petition filed under Section 482 of Cr.P.C. praying to direct the respondent police to provide adequate police protection in respect of the Petitioner's life as well as the temple based on the complaint given by the petitioner on 18.07.2016.

(In W.P.No.29505 of 2016) For Petitioner : Ms.V.Srimathi For Respondents 1 to 3 : Mr.C.Jayaprakash Government Advocate (HR&CE) For Respondent 4 : Mr.L.Baskaran, Government Advocate (Crl.Side) For Respondent 5 : Mr.S.Senthil (In W.P.No.7903 of 2017) For Petitioner : Mr.S.Senthil For Respondent 1 & 2 : Mr.C.Jayaprakash, Government Advocate (HR&CE) For Respondent 3 : Mr.L.Baskaran, Government Advocate (Crl.Side) For Respondent 4 : Mrs.V.Srimathi

(In Crl.O.P.No.16583 of 2016) For Petitioner : Mr.S.Senthil For Respondent : Mr.L.Baskaran, Government Advocate (Crl.Side) COMMON ORDER The Writ Petition in W.P.No.29505 of 2016 is filed for issuance of a Writ of Mandamus, to direct the respondents 1 to 4 to offer Police protection to the petitioner and other Adidravidars to enter the temples, viz., Maariamman temple, Vinayagar Temple, Chellandiamman temple, Chennaraya Perumal temples at Belukurichi Village, Namakkal District. Writ Petition in W.P.No.7903 of 2017 is filed for issuance of Writ of Certiorarified Mandamus, calling for the records as made in Na.Ka.No.2425/2015/M1, dated 23.03.2017 on the file of the first respondent, quash the same in so far as the conducting the festival in the Mariyamman Temple in S.No.

390/1, Belukurichi Village, Sendhamangalam Taluk, Namakkal District and consequently direct the third respondent to provide police protection to the Nattu Gounder Community people for conducting the festival of Mariamman temple in S.No.390/1, Belukurichi Village, Senthamangalam Taluk, Namakkal District. Criminal Original Petition No.

as well as the temple based on the complaint given by the petitioner on 18.07.2016.

2. The learned Government Advocate (Crl.Side) submitted that while pending the Writ Petitions, the Revenue Divisional Officer, Namakkal District passed an order dated 07.09.2023 and in pursuant to the said order, the temple was opened with certain conditions. Therefore, nothing survives in these writ petitions as well as the criminal original petition for adjudication.

3. Recording the said submission, the Writ Petitions and the Criminal Original Petition are closed. Consequently, connected Miscellaneous Petition is closed. There shall be no orders as to costs in respect of the Writ Petitions. 17.11.2023 Index :Yes/No Internet : Yes/No Speaking order/non-speaking order gvn

G.K.ILANTHIRAIYAN, J.

gvn To

1) The District Collector,

2) The Commissioner, HR&CE Administration, Nungambakkam High Road, Madras-34

3) The Joint Commissioner, HR&CE Administration, Salem.

4) The Revenue Divisional Officer, Namakkal District, Namakkal.

5) The Tahsildar, Sendhamangalam Taluk,

6) The Inspector of Police,

7) The Public Prosecutor, High Court, Madras.

W.P.No.29505 of 2016, W.P.No.7903 of 2017 & CRL.O.P.No.16583 of 2016 and W.M.P.No.8641 of 2017 17.11.2023